Case library / Fitness-to-practice examinations
The order to be examined is not a request
In short
The order to be examined is not a request?
Two revocations and one surrender
SurrenderedThree cases, three revocations, and in one of them no §4982 charge at all.
What happened
In the first case, the Board issued an order in November 2023 compelling a mental or physical examination within 30 days, by a psychiatrist or psychologist of the Board's choosing. The licensee did not comply. The accusation contained a single cause: B&P §821. There was no §4982 charge of any kind. The license was revoked.
In the second, the same pattern followed a December 2023 order, charged under §822. Revoked.
In the third, an associate was charged under §§820 and 822 — found unfit to practice — alongside a conviction count for vandalism and resisting arrest. Registration surrendered.
What it was charged as
Where it appears a licensee may be unable to practice safely because of mental illness or physical illness affecting competency, the Board may order an examination.
“The licentiate's failure to comply with an order issued under Section 820 shall constitute grounds for the suspension or revocation of the licentiate's certificate or license.” That is the whole section.
Authority to revoke, suspend or restrict where the licensee is found unable to practice safely.
The outcome
Two revocations and one surrender.
No cost recovery stated in the orderWhat the rule actually says
§821 is a standalone ground. It does not require the Board to prove you are unfit — only that it ordered an examination and you did not attend. The strategic trap is obvious in hindsight: a licensee who believes the underlying allegation is baseless declines to submit to an evaluation, and converts a case the Board might not have proved into one it cannot lose.
Where insurance reaches, and where it does not
The examination is at the licensee's own expense in practice, and the proceeding is a board matter, so the board-defense sublimit is what funds the lawyer who tells you to go to the appointment. This is the cheapest advice in the entire library and the most expensive to skip.
What would have changed it
- Comply with the order and fight the conclusion. Those are two different things and only the first has a 30-day deadline.
- Call a licensing attorney the day a §820 order arrives. Not the week it expires.
Source. This write-up is drawn from the signed public decision in the case number above. Names, cities and employers have been removed — why. To pull the original, open the Board's quarterly newsletter archive, find the issue covering April 4, 2024, and match the case number in the Formal Disciplinary Actions section. Not legal advice.
